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2019 Supreme(Bom) 1428

R.I.CHAGLA
Nobel Resource Ltd – Appellant
Versus
Dharni Sampda Private Ltd – Respondent


Advocates Appeared:
Chetan Kapadia, Adv., Manini Bharati, Adv., Aparjita Sinha, Adv., Siddharth Ranade, Adv., Vikram Nankani, Adv., Sanjay Jain, Adv., Ashish Rao, Adv., Sajal Yadav, Adv., Ruchita Patel, Adv., Mitul Shah, Adv., Karan K Vyas, Adv.

JUDGMENT :

R.I. Chagla, J.

This Notice has been filed by the Applicant under Order XXI, Rule 22 of the Code of Civil Procedure, 1908 ("CPC") in respect of foreign award dated 13th July, 2016 ("the foreign award") passed at Singapore. The Applicant has sought leave of this Court to execute the foreign award. The Notice has been contested by the Judgment Debtor/Respondent and the objections are heard in this Notice without the requirement of filing a separate Petition under Section 48 of the Arbitration and Conciliation Act, 1996 ("the said Act"). The foreign award has been passed by the Sole Arbitrator appointed in accordance with Singapore International Arbitration Centre, SIAC Rules in arbitration initiated by the Applicant under Clause 14 of the Deed of Agreement dated 7th June, 2013 against the Respondent.

2. The foreign award which is sought to be enforced by the Applicant directs the Respondent to pay :-

    (a) EUR 290,920.70, USD 3570,333.49 and GBP 36,162.41 due and owing under the Deed of Agreement dated 7th June, 2013 and alternatively damages in the same amount;

(b) Basic Interest (Basic Interest) in the sums of USD 5751.71 plus EUR 4284.78 plus GBP 573.84 till the date of the St

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